Skip to content

Knowledge base · AI in HR

Do we have to inform employees and their representatives before we use a high-risk AI system?

Yes, from 2 December 2027. An employer that is about to use a high-risk AI system in the workplace informs the workers' representatives and the workers concerned in advance, in accordance with the rules and practice on informing workers.

Prepare; applies from 2 December 2027Trusq editorial · checked against the official textLast verified:

Next step: Record your HR AI tools in Trusq

The duty

Before a high-risk AI system is put into service or used in the workplace, the employer informs the workers' representatives and the workers concerned that they will be subject to the use of the system. This is done, where applicable, in accordance with the rules, procedures and practice on informing workers [1].

From when

Article 26 is in Chapter III, Section 3, and applies to Annex III systems from 2 December 2027 [2].

Relation to the works council

This information duty comes on top of the rights a works council already has now. You can read more on the works council's consent for personnel data and monitoring systems on the page about the works council.

What Trusq bases this on

These released rules are in Trusq and are read again with every publication; if a rule changes, this page changes with it.

  • Workers and their representatives informed AI Act 26

Sources

  1. [1] AI Act Art. 26(7) (AI Act, Regulation (EU) 2024/1689). An employer that is about to use a high-risk system in the workplace informs the workers' representatives and the workers concerned in advance, in accordance with the rules and practice on informing workers.
    Before putting into service or using a high-risk AI system at the workplace, deployers who are employers shall inform workers’ representatives and the affected workers that they will be subject to the use of the high-risk AI system. This information shall be provided, where applicable, in accordance with the rules and procedures laid down in Union and national law and practice on information of workers and their representatives.
    Source, retrieved on 2 October 2026.
  2. [2] Regulation (EU) 2026/1744 Art. 1(40)(b) (replaces AI Act Art. 113, third paragraph, point (c)) (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). The high-risk rules (Chapter III, Sections 1 to 3) apply to Annex III systems from 2 December 2027.
    Chapter III, Sections 1, 2, and 3, with the exception of Article 6(5), shall apply from: (i) 2 December 2027 as regards AI systems classified as high-risk pursuant to Article 6(2) and Annex III; and
    Source, retrieved on 2 October 2026.

Related questions

Does our works council have a right of consent if we introduce an AI tool for HR?We have fewer than 50 employees and no works council. Do we have to arrange employee participation for an AI tool?What duties do we have from December 2027 as a deployer of a high-risk HR system?What do we do if a high-risk AI system for HR does not work properly or causes a serious incident?

Next step

Register the AI tools you use in HR. Trusq shows per tool which duties may apply and sets them up as actions, with the evidence that is expected and the source.

Record your HR AI tools in Trusq

Looking for a specialist? We will look with you for a suitable specialist; mediation is not guaranteed.

This page gives general information based on the text of the law. It is not legal advice for your situation.